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(영문) 광주지방법원 순천지원 2016.09.21 2016고단1452
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On August 29, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court’s net support on May 6, 2015, and completed the execution of the sentence at the Net Prison.

[2] On July 31, 2016, around 06:20 on July 31, 2016, the Defendant was engaged in as if the Defendant did not have any intent or ability to pay the amount to the victim, even if there was no intention or ability to pay it to the victim, and the Defendant was provided alcoholic beverages equivalent to 100,000 won at the market price from the injured party, used a female entertainment loan equivalent to 60,000 won, and did not pay the amount of the fee, even if the Defendant used a room equivalent to 40,000 won

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

Before the judgment of the defendant's legal statement D receipt: Application of criminal history inquiry, investigation report (report on the result of confirmation of the previous conviction of the disposition, and confirmation of the date of release)

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

2. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] is that the mitigation area (one month to one year) [the person subject to special mitigation] [the decision of sentencing] is against the defendant's wrong determination], and that the victim did not want the punishment of the defendant by agreement with the victim and did not want the punishment of the defendant.

However, the Defendant was subject to criminal punishment more than 10 times due to fraud, such as an in-service without prison labor, and even if he was subject to a fine of 5 million won by taking the place without prison labor during the period of repeated crime, he/she committed another in-service crime with no prison labor for more than five months, and thus, it is difficult to take charge of such crime.

Therefore, the sentence shall be imposed on the defendant, and the sentence shall be determined in consideration of the above favorable factors of sentencing and the conditions of sentencing, including the age, sex, environment, and circumstances of crimes.

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